Prohibited Use of a Weapon- Child Abuse- Reckless Endangerment

Practice Area: Criminal Defense

Date: March 1, 2016

Outcome: Split Verdict

Client was originally charged with prohibited use of a weapon for allegedly carrying a firearm on his person while intoxicated. The El Paso county DA trumped up the charges to Child Abuse and Reckless Endangerment, trying to stick charges on him for the actions of his friend, who was charged with DUI. Cops claimed they put their children at risk by having them in the vehicle while the driver was drunk, and with firearms present. Prosecutors insisted my client had to forfeit several thousand dollars worth of property, which became the major point of contention in the case, as he always accepted responsibility. After the DA mistried the first trial, the second jury acquitted my client of the prohibited use of a weapon and reckless endangerment charges. They convicted of the least serious misdemeanor 3 child abuse charge based on negligence. Trial Judge originally wanted client to forfeit all his guns, siding with the DA, but after arguing a successful sentence reconsideration, client got a bunch of his property back

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